S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 876--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law and the civil rights law, in  relation
  to  service  animals, guide dogs, hearing dogs or service dogs; and to
  repeal certain provisions of the executive law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  31  of  section  292 of the executive law is
REPEALED.
  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 536 of the laws of 2014, is amended to read as follows:
  14. [It] IN ADDITION TO REASONABLE MODIFICATIONS  IN  POLICIES,  PRAC-
TICES,  OR  PROCEDURES,  INCLUDING THOSE DEFINED IN SUBPARAGRAPH (IV) OF
PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION OR REASONABLE  ACCOMMO-
DATIONS  FOR  PERSONS  WITH  DISABILITIES  AS OTHERWISE PROVIDED IN THIS
SECTION, INCLUDING THE USE OF AN ANIMAL AS A  REASONABLE  ACCOMMODATION,
IT  shall  be an unlawful discriminatory practice for any person engaged
in any activity covered by this section TO DENY ACCESS OR  OTHERWISE  to
discriminate  against  a  blind  person,  a hearing impaired person or a
person with another disability [on the basis of his  or  her  use  of  a
guide dog, hearing dog or service dog]  BECAUSE HE OR SHE IS ACCOMPANIED
BY A DOG THAT HAS BEEN TRAINED TO WORK OR PERFORM SPECIFIC TASKS FOR THE
BENEFIT  OF  SUCH  PERSON  BY  A  PROFESSIONAL GUIDE DOG, HEARING DOG OR
SERVICE DOG TRAINING CENTER OR PROFESSIONAL GUIDE DOG,  HEARING  DOG  OR
SERVICE  DOG TRAINER, OR TO DISCRIMINATE AGAINST SUCH PROFESSIONAL GUIDE
DOG, HEARING DOG OR SERVICE DOG TRAINER ENGAGED IN SUCH  TRAINING  OF  A
DOG FOR USE BY A PERSON WITH A DISABILITY, WHETHER OR NOT ACCOMPANIED BY
THE PERSON FOR WHOM THE DOG IS BEING TRAINED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07412-03-5

              

A. 876--A                           2

  S  3.  Paragraph  (d) of subdivision 2 of section 296 of the executive
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  "REASONABLE  MODIFICATIONS  IN  POLICIES, PRACTICES, PROCEDURES"
INCLUDES MODIFICATION TO PERMIT THE USE OF A SERVICE ANIMAL BY A  PERSON
WITH  A DISABILITY, CONSISTENT WITH FEDERAL REGULATIONS IMPLEMENTING THE
AMERICANS WITH DISABILITIES ACT, TITLE III, AT 28 CFR 36.302(C).
  S 4. Subdivisions 1, 4 and 7 of section 47-b of the civil rights  law,
subdivision 1 as amended by chapter 404 of the laws of 1986 and subdivi-
sion  4 as amended and subdivision 7 as added by chapter 536 of the laws
of 2014, are amended to read as follows:
  1. Persons with a disability accompanied by guide dogs,  hearing  dogs
or service dogs shall be guaranteed the right to have such dogs in their
immediate  custody while exercising any of the rights and privileges set
forth in this article, PROVIDED THAT IN INSTANCES OF EMPLOYMENT PURSUANT
TO SECTION FORTY-SEVEN-A OF THIS ARTICLE, SUCH DOG HAS BEEN TRAINED BY A
QUALIFIED PERSON.  Blind persons shall, further, have the right to carry
a cane in their immediate custody while exercising any of the rights and
privileges set forth in this section.
  4. The term "guide dog", or "hearing dog" shall mean  a  dog  that  is
under  the control, CONSISTENT WITH FEDERAL REGULATIONS IMPLEMENTING THE
AMERICANS WITH DISABILITIES ACT, TITLE III, AT 28 CFR 36.302(C), of  the
person using or training it and has been or is being trained to guide or
otherwise to aid a person with a disability.
  7.  "Service  dog"  means  any  dog under the control, CONSISTENT WITH
FEDERAL REGULATIONS IMPLEMENTING THE AMERICANS  WITH  DISABILITIES  ACT,
TITLE  III, AT 28 CFR 36.302(C), of the person using or training it, and
that has been or is being individually trained to  do  work  or  perform
tasks for the benefit of a person with a disability.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same date chapter 536  of  the
laws of 2014 took effect.